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Month: May 2015

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  • /2015
  • /May

Green Tree Mortgage $48 million Settlement

Green Tree mortgage servicing company will pay $63 million to settle federal charges that it harmed homeowners with illegal loan servicing and debt collection practices. The Federal Trade ...

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  • 05-22-2015
  • Foreclosure
  •  0 Comments
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  • consumers , debt collection , foreclosure , Green Tree , homeowners , illegal , loan modification , Mortgage

Bank Law Firm Butler & Hosch Suddenly Closes and 700 Employees Let Go With No Notice Friday

Mortgage banking industry law firm Butler & Hosch, P.A. filed an Assignment for the Benefit of Creditors to Florida law firm Michael E. Moecker & Associates, an action analogous to Chapter 7 bankruptcy. Butler & ...

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  • 05-16-2015
  • Foreclosure
  •  1 Comment
  •  Like
  • employees , firm , foreclosure , layoff , plaintiff

Foreclosure Court Funding Over June 30, 2015

Attorneys who practice in Florida courts across the state are starting to get notices that the foreclosure divisions of circuit courts are being shut down due to the end of funding by the State of Florida on June 30, 2015. Cases are ...

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  • 05-06-2015
  • Foreclosure
  •  0 Comments
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  • court , foreclosure , foreclosure procedures , foreclosure rate , funding , judges , senior judges

Failure to Pay Rent into Court Registry in a Florida Eviction is an Absolute Waiver of Defenses Other Then Payment

In an eviction action out of Miami-Dade County, Judge King denied a defendant’s motion to dismiss and request for hearing as defendant/tenant has failed to pay rent monies alleged as owed into the court registry, and had not asserted ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • court registry , damages , Eviction , former tenant , motion to dismiss , rent

Landlord Who Towed Vehicles Not Liable

Landlord  towed  two cars and a SeaDoo belonging to the tenant from the leased premises.  At trial the court found that this violated 83.67 “Prohibited practices.”   The landlord appealed, arguing that the ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
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  • landlord

Another Example How Failure to Deposit Rent by Tenant Into The Court Registry Gets a Case Dismissed, This Time on Appeal

On appeal the Circuit Court in Pinellas County, the appellate court upheld a default final judgment of eviction by the lower court when tenant failed to dispute the amount of rent alleged in the landlord’s complaint was in error or ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
  •  1 Comment
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  • court registry , defense , failure to deposit rent , landlord , payment , rent

Requirements to Impose Claim on Security Deposit by Tenant

While still in possession of a rental property, tenant filed a complaint to recover their security deposit.  The court in Volusia County dismissed the complaint for failure to allow the landlord time to comply with Florida ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • Eviction , landlord , notice , rent , security deposit

Florida Landlord Prevented from Evicting Tenant Due to Acceptance of Late Rent

Landlords be aware that your acceptance of rent after issuance of a 3 Day Notice in Florida may create a waiver of your ability to pursue eviction.  In Alachua County, a trial court court entered a final judgment for ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • Eviction , late rent , rent
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